The Fifth Circuit reversed Wade's conviction, holding that the lineup in the absence of counsel was a violation of the Sixth Amendment.

The conviction could be upheld if the prosecution could show by clear and convincing evidence that the in court identification of Wade as the robber was based on the witnesses' observations of him during the crime.

[9] Justice Clark observed that the conclusion that the post-indictment lineup was a critical stage of the prosecution was inevitable given precedents like Miranda v.

Black, however, thought such a violation demanded automatic reversal of Wade's conviction, and that the prosecution should not be given the chance to show that the in court identification was based on other evidence.

White feared that the rigid rule of the majority would limit more nuanced, effective, and practical solutions at the state level.

[14] In response to Wade, police departments began to enact regulations to ensure the presence of defense counsel during lineups.

[17] In Kirby v. Illinois, the Supreme Court held that the absence of counsel at a pre-indictment lineup was not a violation of the Sixth Amendment.